IN THE CASE OF:
BOARD DATE: 27 January 2015
DOCKET NUMBER: AR20140009778
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of item 9 (Date of Birth (DOB) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change his date of birth (DOB).
2. The applicant states that the wrong DOB is recorded.
3. The applicant provides his DD Form 214 and Certification of Birth.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 20 May 1969, the applicant was inducted in the Army of the United States. Item 5 (DOB) of his DD Form 47 (Record of Induction) shows his DOB as 19 July XXXX.
3. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his DOB consistently appears as 19 July XXXX.
4. On 18 January 1971, he was released from active duty. Item 9 of his DD Form 214 shows his DOB as 19 July XXXX.
5. He submitted a copy of a Commonwealth of Pennsylvania, Department of Health, Certification of Birth issued on 22 November 2011, that shows his DOB as 18 July XXXX.
6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be changed to reflect his DOB as 18 July XXXX.
2. While it is understood that the applicant desires to have his DD Form 214 corrected to show the DOB that he now claims is correct, his record does not show that he served using any other DOB than what is shown on his DD Form 214. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
4. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded on his DD Form 214 and to satisfy his desire to have his correct DOB documented in his record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________x___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140009778
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ABCMR Record of Proceedings (cont) AR20140009778
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